§ 21.2-72. Regulations for businesses featuring nudity or live performances.  


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  • An adult business which features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities shall be operated in accordance with the following regulations:

    (a)

    An employee shall not appear in a state of nudity or engage in a live performance that is characterized by the exposure of specified anatomical areas or by specified sexual activities except upon a stage elevated at least eighteen (18) inches above floor level. All parts of the stage in which the employee appears in a state of nudity or performs shall be a distance of at least three (3) feet from all parts of the clearly designated area in which patrons may be present. The stage shall be separated from the clearly designated area in which patrons may be present by a barrier or railing, the top of which is at least three (3) feet above floor level. No employee appearing in a state of nudity or engaging in such live performance, and no patron, may extend any part of his or her body over and beyond the barrier or railing.

    (b)

    No employee shall perform an act which constitutes or simulates sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual acts which are prohibited by law.

    (c)

    No employee may touch the breasts, buttocks, anus or genitals of any other person.

    (d)

    No patron, using any part of his or her body including the hands, may knowingly make contact with the breasts, buttocks, anus or genitals of any employee.

    (e)

    A patron may not place any money on the person or in or on the costume of an employee, provided that incidental hand-to-hand contact occurring during the act of tipping while the patron is in the clearly designated area in which patrons may be present is not prohibited.

    (f)

    A person below the age of eighteen (18) years may neither observe a person in a state of nudity in a live performance on the premises of an adult business, nor appear in a state of nudity in a live performance on the adult business premises.

    (g)

    A sign, in the following form, shall be posted near the entrance of the adult business in such a manner as to be clearly visible to patrons upon entry:

    RULES AND REGULATIONS

    1.

    You must be at least 18 years of age to enter these premises.

    2.

    No patron may place any money on the person of, or on the costume of, an employee of this business.

    3.

    Hand-to-hand tipping of employees is permitted.

    4.

    No patron may touch or make contact with the breasts, buttocks, anus or genitals of any employee of this business.

    (h)

    No person may be employed who is under the age of eighteen (18) years.

    (i)

    All performances shall be visible to a manager in a manager's station by direct line of sight. No patron shall be permitted in a manager's station at any time.

    (j)

    The adult business shall provide training to all employees which shall consist of:

    (1)

    A description of the clearly designated area in which patrons may be present and the stage area in which performances may be conducted for the business.

    (2)

    Written verification from each employee, to be kept on the adult business premises, that he or she has received a current copy of this chapter 21.2 from the manager or that he or she already has such current copy.

    (3)

    Written verification from each employee, to be kept on the adult business premises, that he or she has received a current copy of Arizona Revised Statutes, title 13, chapters 14, 32, 35 and 35.1 from the manager or that he or she already has such current copy.

(Ord. No. 2076, § 1, 5-11-99)